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ACTIONS
DULUTH CITY COUNCIL MEETING

Monday, April 12, 2010

 

ROLL CALL -- ALL PRESENT

APPROVAL OF MINUTES - February 8 and 22, 2010. -- APPROVED

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MOTIONS AND RESOLUTIONS


CONSENT AGENDA

All matters listed under the consent agenda were enacted by one unanimous motion.

 

COMMITTEE 1


BY COUNCILOR FEDORA                                   (FINANCE)

 

10-0181R - RESOLUTION APPROVING THE BUDGET FOR THE FISCAL YEAR MAY 1, 2010, TO APRIL 30, 2011, IN THE AMOUNT OF $5,036,310 FOR THE SPIRIT MOUNTAIN RECREATION AREA AUTHORITY. -- PASSED


BY COUNCILOR CUNEO                     (PURCHASING & LICENSING)


10-0154R - RESOLUTION AUTHORIZING CITY OFFICIALS TO CONTRACT WITH ERLING R. HANSEN GENERAL CONTRACTOR, INC., FOR THE RENOVATION OF DULUTH FIRE STATION NO. 1 FOR THE HOUSING AND RELOCATION OF THE DULUTH HOUSING INSPECTION/FIRE PREVENTION UNIT IN THE AMOUNT OF $249,600. -- PASSED


10-0161R - RESOLUTION IN THE MATTER OF THE OFF SALE INTOXICATING LIQUOR LICENSE OF GEORGE’S LIQUOR, INC. (GEORGE’S LIQUOR), 1340 WEST ARROWHEAD ROAD. -- PASSED


10-0162R - RESOLUTION IN THE MATTER OF THE ON SALE INTOXICATING LIQUOR LICENSE OF SHOTZ BAR, INC. (SHOTZ BAR), 1321 COMMONWEALTH AVENUE. -- PASSED


10-0163R - RESOLUTION APPROVING THE ISSUANCE OF A TEMPORARY ON SALE INTOXICATING LIQUOR LICENSE TO GRANDMA’S MARATHON - DULUTH, INC., CANAL PARK DRIVE AND BUCHANAN STREET. -- PASSED


10-0164R - RESOLUTION AUTHORIZING CONSUMPTION OF ALCOHOLIC BEVERAGES IN PUBLIC PLACES IN CANAL PARK ON JUNE 19, 2010, IN CONJUNCTION WITH GRANDMA'S MARATHON AND SUBJECT TO CERTAIN CONDITIONS. -- PASSED


10-0172R - RESOLUTION APPROVING THE TEMPORARY EXPANSION OF THE ON SALE INTOXICATING LIQUOR LICENSE OF PDL OF DULUTH, INC. (CLUB SARATOGA), 331 CANAL PARK DRIVE. -- PASSED

 

10-0190R - RESOLUTION APPROVING ISSUANCE OF A TEMPORARY ON SALE INTOXICATING LIQUOR LICENSE TO LAKE SUPERIOR BREWING COMPANY, LLC (EARTH DAY), LEIF ERICKSON PARK. -- PASSED

 

BY COUNCILOR BOYLE                                  (PERSONNEL)

 

10-0160R - RESOLUTION APPROVING PROPOSED AMENDMENTS TO THE SPECIFICATIONS FOR THE CIVIL SERVICE CLASSIFICATION OF PARKING METER MONITOR. -- PASSED


10-0165R - RESOLUTION APPROVING PROPOSED SPECIFICATIONS FOR THE CIVIL SERVICE CLASSIFICATION OF EXECUTIVE ASSISTANT AND SPECIFYING CONTRACT BENEFITS FOR SAME. -- PASSED


COMMITTEE 2

 

BY PRESIDENT ANDERSON              (COMMITTEE OF THE WHOLE)


10-0023R - RESOLUTION STATING SENSE OF COUNCIL THAT ALL COUNCILORS SHOULD BE MEMBERS OF ALL COUNCIL COMMITTEES. -- PASSED


COMMITTEE 3


BY COUNCILOR GAUTHIER            (PUBLIC WORKS AND UTILITIES)


10-0156R - RESOLUTION AUTHORIZING THE PROPER CITY OFFICIALS TO CONTRACT WITH ROEN SALVAGE COMPANY IN THE AMOUNT OF $5,057,427.05 FOR THE SHEET PILE RETAINING WALL REHABILITATION AT THE CLURE PUBLIC MARINE TERMINAL. -- PASSED


10-0166R - RESOLUTION AUTHORIZING APPLICATION TO THE MINNESOTA DEPARTMENT OF NATURAL RESOURCES PARKS AND TRAILS LEGACY GRANT PROGRAM AND TO ENTER INTO A GRANT AGREEMENT FOR THE LAKEWALK EXTENSION, PHASE IV, PROJECT. -- PASSED


10-0167R - RESOLUTION AUTHORIZING APPLICATION TO THE MINNESOTA DEPARTMENT OF NATURAL RESOURCES REGIONAL TRAILS GRANT PROGRAM AND TO ENTER INTO A GRANT AGREEMENT FOR THE LAKEWALK EXTENSION, PHASE IV, PROJECT. -- PASSED


10-0168R - RESOLUTION AUTHORIZING APPLICATION TO THE MINNESOTA DEPARTMENT OF NATURAL RESOURCES PARKS AND TRAILS LEGACY GRANT PROGRAM AND TO ENTER INTO A GRANT AGREEMENT FOR THE LAKEWALK EXTENSION, PHASE V, PROJECT. -- PASSED


10-0169R - RESOLUTION AUTHORIZING APPLICATION TO THE MINNESOTA DEPARTMENT OF NATURAL RESOURCES REGIONAL TRAILS GRANT PROGRAM AND TO ENTER INTO A GRANT AGREEMENT FOR THE LAKEWALK EXTENSION, PHASE V, PROJECT. -- PASSED


10-0170R - RESOLUTION AUTHORIZING APPLICATION FOR AND, IF SELECTED, ACCEPTANCE OF A GRANT ANTICIPATED TO BE $150,000 FROM THE LEGISLATIVE-CITIZEN COMMISSION ON MINNESOTA RESOURCES FOR A PROJECT ENTITLED REACHING OUT TO REACH OUR MISSION. -- PASSED

 

10-0182R - RESOLUTION ORDERING THE 2010 STREET PRESERVATION PROJECTS: GLENWOOD STREET FROM 43RD AVENUE EAST TO JEAN DULUTH ROAD, 43RD AVENUE EAST FROM SUPERIOR STREET TO GLENWOOD STREET, EIGHTH STREET FROM 40TH AVENUE WEST TO CENTRAL AVENUE, SUPERIOR STREET FROM TENTH AVENUE EAST TO 21ST AVENUE EAST, MALL DRIVE FROM HAINES ROAD TO BURNING TREE ROAD, AND MINNESOTA AVENUE FROM 13TH STREET TO 40TH STREET; AND TO ASSESS A PORTION OF THE COSTS THEREOF. -- PASSED


10-0184R - RESOLUTION AWARDING A CONTRACT TO NPL CONSTRUCTION COMPANY FOR CONSTRUCTION OF HIGH PRESSURE GAS MAINS AND SERVICES IN VARIOUS LOCATIONS IN THE AMOUNT OF $407,446. -- PASSED


10-0186R - RESOLUTION ACCEPTING DEDICATION OF EASEMENTS FROM ST. LOUIS COUNTY FOR HIGHWAY PURPOSES ALONG ARROWHEAD ROAD. -- PASSED


BY COUNCILOR FOSLE                                (PUBLIC SAFETY)


10-0157R - RESOLUTION SCHEDULING A PUBLIC HEARING ON THE PROPOSED DESIGNATION OF WEST NIAGARA STREET IN THE VICINITY OF THE COLLEGE OF ST. SCHOLASTICA AS A RESIDENTIAL PERMIT PARKING ZONE. -- PASSED


10-0158R - RESOLUTION SCHEDULING A PUBLIC HEARING ON THE PROPOSED DESIGNATION OF 46TH AVENUE WEST IN THE VICINITY OF DULUTH DENFELD HIGH SCHOOL AS A RESIDENTIAL PERMIT PARKING ZONE. -- PASSED


10-0159R - RESOLUTION TO ESTABLISH NO PARKING DURING SCHOOL HOURS ON THE NORTH SIDE OF RALEIGH STREET. -- PASSED


10-0171R - RESOLUTION AUTHORIZING METHAMPHETAMINE REDUCTION PROJECT JOINT EQUIPMENT USE AGREEMENT BETWEEN THE CITY OF DULUTH AND THE NORTHEAST LAW ENFORCEMENT ADMINISTRATORS COUNCIL. -- PASSED


10-0173R - RESOLUTION AUTHORIZING CITY OFFICIALS TO EXECUTE AN AGREEMENT WITH ISD NO. 709 TO PROVIDE LAW ENFORCEMENT OFFICERS IN THE PUBLIC SCHOOLS. -- PASSED


10-0175R - RESOLUTION SUPPORTING THE FEDERAL BORDER INTEROPERABILITY DEMONSTRATION GRANT APPLICATION SUBMITTED BY THE NORTH EAST REGIONAL RADIO BOARD FOR IMPROVING RADIO INTEROPERABILITY WITHIN OUR BORDER COUNTIES AND ON OUR INTERNATIONAL BORDERS WITH CANADA. -- PASSED


10-0176R - RESOLUTION AUTHORIZING AGREEMENT WITH LAKE SUPERIOR COLLEGE PROVIDING FOR SHARING OF LAW ENFORCEMENT DATA. -- PASSED


10-0183R - RESOLUTION AUTHORIZING AGREEMENT WITH CITY OF VIRGINIA ACCEPTING REIMBURSEMENT IN THE AMOUNT OF $200,493 FOR SERVICES OF A POLICE OFFICER FOR THE LAKE SUPERIOR DRUG AND GANG TASK FORCE AND THE NORTHEAST LAW ENFORCEMENT ADMINISTRATORS COUNCIL. -- PASSED


BY COUNCILOR GARDNER          (RECREATION, LIBRARIES AND AUTHORITIES)


10-0152R - RESOLUTION AUTHORIZING A LEASE AGREEMENT WITH DULUTH AND NORTH SHORE RAILROAD, D/B/A NORTH SHORE SCENIC RAILROAD, FOR USE OF MUNICIPAL LOT D FOR THE PERIOD JUNE 1, 2010, THROUGH SEPTEMBER 20, 2010, AT NO COST. -- PASSED


10-0187R - RESOLUTION RESCINDING CITY COUNCIL RESOLUTION 92-0219 AUTHORIZING THE DULUTH SOFTBALL PLAYERS ASSOCIATION, INC., TO COLLECT A $15 PLAYER’S FEE FROM ALL PLAYERS IN SOFTBALL LEAGUES THAT ARE ADMINISTERED BY THE CITY’S PARKS AND RECREATION DIVISION. -- PASSED


10-0188R - RESOLUTION AUTHORIZING THE CITY TO COLLECT A $100 PER TEAM FEE FROM ALL TEAMS PLAYING IN ADULT SOFTBALL LEAGUES IN 2010 THAT ARE ADMINISTERED BY THE CITY’S PARKS AND RECREATION DIVISION. -- PASSED



END OF CONSENT AGENDA


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The following entitled resolutions were also considered:

 

COMMITTEE 1


BY COUNCILOR FEDORA                                   (FINANCE)


10-0153R - RESOLUTION APPROVING A COLLECTIVE BARGAINING AGREEMENT BETWEEN CITY OF DULUTH AND LOCAL 66 OF AFSCME, REPRESENTED BY AFSCME MINNESOTA COUNCIL 5, FOR THE YEAR 2010. -- PASSED 7-2 (Fedora, Stauber)

 

BY COUNCILOR BOYLE                                  (PERSONNEL)


10-0155R - RESOLUTION APPOINTING MARSHALL STENERSEN TO THE CIVIL SERVICE BOARD. -- AMENDED & PASSED 7-2 (Fedora, Fosle)

 

COMMITTEE 2


BY COUNCILOR STAUBER     (PLANNING & ECONOMIC DEVELOPMENT)


10-0146R - RESOLUTION GRANTING A SPECIAL USE PERMIT TO AT&T FOR A 190 FOOT WIRELESS COMMUNICATIONS MONOPOLE AND ASSOCIATED GROUND EQUIPMENT AT 110 SPRING STREET (JAMES CHESHIRE). -- PASSED 8-1 (Cuneo)

 

10-0191R - RESOLUTION OF INTENT TO APPROVE ISSUANCE OF A CONCURRENT USE PERMIT ACROSS SECOND STREET FOR THE EXISTING TUNNEL TO THE HISTORIC COUNTY JAIL BUILDING. -- AMENDED & PASSED UNANIMOUSLY

 

10-0192R - RESOLUTION GRANTING A WATER RESOURCE MANAGEMENT ORDINANCE VARIANCE TO PARK POINT PROPERTIES REDUCING THE MINIMUM LOT AREA NEEDED TO BUILD FOUR SINGLE FAMILY HOMES AND THREE DUPLEXES ON PROPERTY AT 16TH STREET BETWEEN MINNESOTA AVENUE AND SAINT LOUIS AVENUE. -- FAILED 4-5 (Anderson, Fedora, Fosle, Stauber)

 

10-0193R - RESOLUTION DENYING A WATER RESOURCE MANAGEMENT ORDINANCE VARIANCE REQUESTED BY PARK POINT PROPERTIES SEEKING TO REDUCE THE MINIMUM LOT AREA NEEDED TO BUILD FOUR SINGLE FAMILY HOMES AND THREE DUPLEXES ON PROPERTY AT 16TH STREET BETWEEN MINNESOTA AVENUE AND SAINT LOUIS AVENUE. -- PASSED 5-4 (Anderson, Fedora, Fosle, Stauber)

 

BY COUNCILORS STAUBER, HARTMAN AND FEDORA


10-0189R - RESOLUTION ADDING AN INITIATIVE TO SUPPORT REVISIONS TO MINNESOTA STATUTES SECTION 471.345, SUBD. 13, TO THE CITY’S LEGISLATIVE AGENDA FOR 2010. -- TABLED

 

COMMITTEE 3


BY COUNCILOR GAUTHIER            (PUBLIC WORKS AND UTILITIES)

 

10-0174R - RESOLUTION OF SUPPORT FOR THE MINNESOTA HEALTH PLAN. -- AMENDED & PASSED 6-3 (Fedora, Fosle, Stauber)

 

BY COUNCILOR GARDNER          (RECREATION, LIBRARIES AND AUTHORITIES)


10-0185R - RESOLUTION AUTHORIZING AGREEMENT WITH JUNIOR LEAGUE OF DULUTH, INC., FOR THE RECONSTRUCTION OF PLAYFRONT PARK AT NO COST TO THE CITY. -- PASSED UNANIMOUSLY

 

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INTRODUCTION AND CONSIDERATION OF ORDINANCES


The following entitled ordinances were read for the first time:


COMMITTEE 2


BY COUNCILOR STAUBER     (PLANNING & ECONOMIC DEVELOPMENT)


10-020-O - AN ORDINANCE AMENDING SECTION 44-2 OF THE DULUTH CITY CODE, 1959, AS AMENDED, AMENDING THE DEFINITION OF "SIGN" AND PROVIDING FOR SEPARATE SECTION NUMBERS FOR EACH DEFINITION. -- 1st READING


COMMITTEE 3


BY COUNCILOR FOSLE                                (PUBLIC SAFETY)


10-019-O - AN ORDINANCE AMENDING SECTION 34-30 OF THE DULUTH CITY CODE, 1959, AS AMENDED, REGARDING TRESPASSING. -- 1st READING


10-021-O - AN ORDINANCE AMENDING SECTION 40-12 OF THE DULUTH CITY CODE, 1959, AS AMENDED, PERTAINING TO USER CHARGE FOR EXCESSIVE CONSUMPTION OF POLICE SERVICES. -- 1st READING


The following entitled ordinances were read for the second time:


COMMITTEE 1


BY COUNCILOR FEDORA                           (FINANCE)


10-018-O - AN ORDINANCE CLARIFYING THE COMMUNITY ARTS SET-ASIDE TO APPLY ONLY TO FUNDS GENERATED BY THE CITY, AMENDING SECTION 20-19 OF THE CODE. -- PASSED UNANIMOUSLY


COMMITTEE 2


BY COUNCILOR STAUBER     (PLANNING & ECONOMIC DEVELOPMENT)


10-017-O - AN ORDINANCE GRANTING TO DULUTH AREA FAMILY YMCA HERITAGE FOUNDATION, INC., A CONCURRENT USE PERMIT FOR PLACEMENT OF AN ENTRANCE CANOPY AND 37 ARCHITECTURAL SLATS PROJECTING INTO THE WEST FIRST STREET AND NORTH THIRD AVENUE WEST RIGHTS-OF-WAY ABUTTING THE YMCA BUILDING AT 302 WEST FIRST STREET. -- PASSED UNANIMOUSLY


COMMITTEE 3


BY COUNCILOR GAUTHIER  (PUBLIC WORKS AND UTILITIES COMMITTEE)


10-016-O - AN ORDINANCE CREATING A DULUTH PUBLIC UTILITIES COMMISSION, ESTABLISHING MEMBERSHIP AND POWERS AND DUTIES THEREOF AND AUTHORIZING SAID COMMISSION TO ESTABLISH VARIOUS UTILITY RATES, AMENDING CHAPTERS 2, 43 AND 48 OF THE CODE. (ORDINANCE & AMENDMENT REPLACEMENTS) -- TABLED

 

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Adjourned at 10:00 p.m.